§ 82-604. Key employee

In some situations, in order to prevent substantial and grievous economic harm to county operations, key salaried employees may be denied reinstatement after family and medical leave. Key salaried employees are defined by the Family and Medical Leave Act as the top ten percent of all wage earners in an organization. Some examples of such employees may include directors, assistant directors of large departments, doctors, etc. When an elected official/department head receives a leave request from an employee and has reason to believe the employee may fall into this category, he:

(1) Should contact the human resources/civil service department to assist in determining the employee's status;

(2) Should provide written notification to the employee within two working days that he is a key employee and provide them with a copy of the Family and Medical Leave Policy; and

(3) Must notify such employee either orally or in writing within two working days of receiving the information from the employee's health care provider that reinstatement after family and medical leave will or will not cause substantial and grievous economic harm. If the employee is notified orally, the elected official/department head shall provide in person or send, both regular and certified mail, a Notice of Eligibility and Rights and Responsibilities (form HR/CS 14)) to the employee within five working days.

Elected officials/department heads should review sections 82-607(b) and 82-607(c) for more specific information regarding the submission of forms for planned and unplanned events.

(Ord. No. 2000-485, § 5.03, 3-7-2000; Ord. No. 2002-1977, 10-29-2002; Ord. No. 2009-0883, 5-12-2009)